Scottish Executive

Buildings

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive whether its officials have attended any meetings of the Building Regulations Advisory Committee at the Office of the Deputy Prime Minister in the last year and, if so, on which dates.

Mrs Mary Mulligan: A senior official attended the meetings on 9 July 2003, 8 October 2003, 17 December 2003, 18 February 2004 and 5 May 2004.

Ferry Services

Jim Mather (Highlands and Islands) (SNP): To ask the Scottish Executive when it expects Caledonian MacBrayne to prepare and distribute a detailed analysis, for consultation with interested parties, of the costs and revenues applicable to Option B for the Gourock to Dunoon ferry service, as specified in the report by Deloitte and Touche in 2000.

Nicol Stephen: The Deloitte and Touche Report did not take into account the requirement to bring ferry subsidy arrangements into line with European Union rules. Accordingly, the study has, to an extent, been overtaken by our discussions with the European Commission on how this might be done in the case of the Gourock to Dunoon route. Our March 2003 proposals to tender the route separately and to allow bidders to bid on the basis of either a passenger only or a passenger and vehicle service would demonstrate which of these options would require the lower subsidy. I am considering the responses to last year's consultation on these proposals.

Ferry Services

Jim Mather (Highlands and Islands) (SNP): To ask the Scottish Executive whether, if it could be proved as a result of an updated analysis of costs and revenues that an unsubsidised vehicle-carrying ferry service between Gourock and Dunoon would be viable, it would invite expressions of interest from operators who might be interested in providing such an unsubsidised service.

Nicol Stephen: I am aware of the local community's concerns about the proposals for tendering the ferry services on the Gourock to Dunoon route. I am considering the responses to last year's consultation on the revised proposals.

  If I conclude that tendering of the route is required in line with the proposals published in March 2003, then bidders will have the choice of whether to provide a passenger only or a combined passenger and vehicle service. The tender would be awarded on the basis of lowest cost bid. This process will show whether an unsubsidised vehicle service is viable in a way that desk based research cannot.

Housing

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how landlords can end an assured tenancy under the Housing (Scotland) Act 1988 when they are removed from the proposed national registration scheme for private landlords.

Ms Margaret Curran: A landlord removed from the register will continue to have the same rights and obligations under any letting contract and relevant statute as applied before that removal. Where there is an assured tenancy the landlord can seek possession under the Housing (Scotland) Act 1988 if any of the grounds set out in schedule 5 to that act apply. If none of those grounds applies the tenancy will continue. If the landlord is unable to take action or make arrangements which satisfy the local authority or the sheriff that registration should be restored, then he or she could sell or transfer ownership of the property, with the sitting tenant, to a landlord who is able to register.

  Most tenancies in the private sector are short assured tenancies, which provide for an initial period of let of at least six months, after which initial period the landlord is able to seek possession through the sheriff court.

Housing

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what will happen to tenants residing in a property that is repossessed by the lender due to the landlord receiving no rent and defaulting on the mortgage if, under the proposed national registration scheme for private landlords, a local authority decides to issue a notice for no rent payable on the landlord and whether, in this event, the lender would be required to register as a landlord.

Ms Margaret Curran: Ground 2 of schedule 5 of the Housing (Scotland) Act 1988 requires a sheriff to order possession of a house subject to an assured tenancy in the circumstances described if the lender seeks possession and either the tenant was given notice at or before the beginning of the tenancy that possession might be recovered on this ground or the sheriff is satisfied that it is reasonable to dispense with the requirement for a notice. The situation in relation to other tenancies will depend on the terms of the tenancy agreement.

  A lender who obtained a property with vacant possession would not need to register unless it was the intention to re-let the property while it was in the lender's possession.

Mental Health

Mike Pringle (Edinburgh South) (LD): To ask the Scottish Executive what funding is in place for patient advocacy in psychiatric hospitals.

Malcolm Chisholm: The funding of advocacy services is a matter for the NHS and their local planning partners. Current details of funding are contained in A Map of Independent Advocacy Across Scotland 2003-04 (Bib. number 33240) which has been prepared by the Advocacy Safeguards Agency.

  The Mental Health (Care and Treatment) (Scotland) Act 2003 which comes into effect in April 2005 includes a right for anyone with a mental disorder to access independent advocacy services. Local authorities, NHS boards and their voluntary partners have together developed Joint Local Implementation Plans to ensure the services and processes are in place to implement the new act.

  £3 million of the £26.7 million funds made available to local authorities for 2003-06 to support implementation of the new act was provided to support the development of independent advocacy services.

People with Disabilities

Robin Harper (Lothians) (Green): To ask the Scottish Executive whether it has any plans to abolish means-testing for parents of disabled children who require housing adaptations, in light of its abolition in Northern Ireland.

Ms Margaret Curran: The system of funding for housing adaptations in Scotland is based on separate legislation and is significantly different from that which applies in England, Wales and Northern Ireland. The Scottish system was modified in October 2003 to target grants according to applicants' resources. For some priority categories, including housing adaptations for disabled people, any grant made by the local authority must be a minimum of 50% of eligible costs. In addition, social care budgets can still provide "top-up" funding where they see fit.

  Concerns over the means-test for Disabled Facilities Grant (DFG) in other parts of the UK were taken into account in making these arrangements for Housing Improvement Grant in Scotland. We will consider the outcome of the proposed reviews of DFG in England and Wales, but I have no plans at present to alter the Scottish system.

Planning

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what steps have been taken to involve the public as fully as possible in the consultation on rights of appeal in the planning system.

Mrs Mary Mulligan: We are consulting widely. The initial distribution of the consultation paper sent copies to a wide range of interested organisations and individuals. The consultation has been well publicised and we are continuing to provide copies of the paper to anyone who requests them.

  In addition, the consultation paper is available on the Executive's website.

  Consultation is an active process. We have already held meetings with a range of stakeholders and we will continue to do so during the consultation period, which ends on 30 July.